Los Angeles White Collar Lawyer

The Criminal Process

The criminal process for a white collar offense may vary slightly, depending upon the severity of the charges (whether charged as a felony or misdemeanor, and in State or Federal Court.) Regardless of the specific criminal process, however, your Los Angeles white collar attorney will play a major role in the outcome of your charges and will be needed at every point during the process in order to offer you the best opportunity of reaching a positive case outcome.

Following is a brief overview of the general criminal process as it may relate to a criminal charge:

Any white collar criminal charges will begin with the investigation and arrest. During the investigation, law enforcement (state and/or federal) will determine whether there is probable cause to believe that an individual is engaging in illegal activity, such as embezzlement or identity theft. If there is probable cause, the individual will be arrested.

The prosecuting attorney will then decide whether to press charges based off the evidence provided by the law enforcement agency, and whether to charge the offense as a felony or misdemeanor.

An individual's first court appearance will be his/her arraignment. At this hearing, the judge will inform the defendant of his/her rights and also the charges which he/she faces. At this time, the defendant will be given the opportunity to plead guilty, not guilty or no contest. Bail will also be set. 

In the case of felony charges, a preliminary hearing may be held. At this time, the judge will review the evidence of the case to determine if there is probable cause to continue with the criminal process.

A Superior Court arraignment will be held if the judge finds probable cause during the preliminary hearing. The prosecutor will file the charges with the Superior Court, and at the arraignment the defendant will hear his/her rights and charges and will enter a plea of guilty, not guilty or no contest. Bail will also be set at this hearing.

During a pre-trial conference, the defense and prosecution will have the opportunity to discuss the case. The judge may be present as well. At this time, the defense may present information to support their case or may discuss plea bargains with the prosecution.

The trial is where everything comes together. During the trial, the case and all evidence will be heard in front of a jury of 12 people, who will ultimately make a decision of guilt or innocence based upon witness testimony and evidence as well as instructions given by the judge. Both the defense and the prosecution will have the opportunity to call witnesses, cross-examine witnesses and make opening and closing arguments.

After the verdict is delivered, the judge will determine sentencing (if the verdict is guilty).

An appeal may be sought by the defendant and his/her attorney in some cases, if an error, mistake or wrongdoing led to an unfair trial. Additionally, expungement may be an option to some individuals, in order to clear or seal their criminal record after a conviction.

Los Angeles White Collar Defense Attorney

Los Angeles white collar defense attorney Robert M. Bernstein is committed to helping his clients through every step of the criminal process, in order to help them reach a favorable outcome for their individual white collar crime cases. These cases may be complex and may require a great deal of time and effort on the part of a defense lawyer to even have a small chance of making a difference for the client. Criminal defense lawyer Robert Bernstein has the education, qualifications and resources needed to help his clients, and his experience in this field has enabled him to secure stellar results where another lawyer would have failed.

Contact Los Angeles white collar attorney Robert M. Bernstein today!